Public Hearings and Regular
Meeting
Wednesday, March 23, 2005
7:00 p.m.
Members
Present:
Jack Christian, Chairman, (JC) Larry Cuddire, (LC) Don Egan (DE), Robert
Straubel (RS), Harold Condon, (HC) Ron Christ (RC)
Also Present: Assistant Planner, Katrina O’Leary (KO) and
Secretary, Pat Banfield
6:30
p.m. Workshop for Flexible Residential Development
(FRD), Inclusionary Zoning and
Jack Christian, Chairman calls the Planning Board meeting to order at
7:00 p.m.
Jeff
Babbon of Millennium Engineering stated applicant’s intention to purchase 75
foot length of property presently owned by J. Panessa and would like to
transfer 16000 sq ft (+-) to construct a free standing garage. Applicant is seeking the board’s preference
before drawing up plans. J. Babbon of Millennium will submit Form A and send
letters to abutters.
LC
motion for minor modification/ANR Plan
HC Seconds
Discussion: Parcel B -Open
space containing 383,000 sq ft (+-) would be deeded to the Town of
Vote on motion 5-0 unanimously affirmed
Discussion: Board
cannot waive pavement requirement – no action taken.
Eric
Botterman of Millennium Engineering stated applicant proposes to expand the
existing parking lot and install a 12 inch pipe at the ditch crossing. They have submitted Plans, application,
escrow and storm water management report.
Also, feedback has been received from the town’s engineer, J. Serwatka.
The applicant has agreed
to install new pipe and add a manhole to the new headwall. This proposal will eliminate most of the
drainage.
Chairman, J. Christian read a letter from
abutter, Allene Smith into the record, stating her concern about water draining
onto her property.
(LC) questions if the new drainage system will be
far enough north to alleviate the problem?
Eric Botterman, of Millennium stated that the majority of the water
flowing on the abutters land is coming from the state highway.
HC motions to approve
LC Seconds
Vote on motion 3 – 2 (DE opposed, RC
abstained)
Motion passes
b.
Cont. Public Hearing Modification of Subdivision –
Couillard
At Planning Boards Feb. 9
meeting, members tabled this public hearing for four weeks due to board members
vacation. Also, allowing Town Counsel
time to review the “trust” that Atty. Watsky proposed for the permanent maintenance of this private
road.
Letters
In summary; Chief of Police has no problem with the proposed gravel road as long
as it is maintained by the homeowner’s association. Also, the fire department’s only concern is
the road composition. Director of Public
Works, Don Levesque strongly recommended against approval of a gravel road,
also, Town Engineer recommends against approval of a gravel road.
Chairman, (JC) read a
letter from the Building Inspector, Ken Surette, to the Planning Board. Stating
that the Town Regulations and Zoning By-Laws require paved surfaces on streets
and parking areas. In addition, that he,
as building inspection cannot issue building permits on gravel roads.
LC Motion to close public hearing
HC Second
Vote on motion 4– 1 (DE abstained)
Motion passes
Public Hearing – Couillard cont.
Assistant Planner, (KO)
read into the record a letter from abutters, Richard and Lynn Lynch, 367 North
End Blvd. stating their public favorability for the entire residential
subdivision project.
Don Egan (DE) steps down from the
Couillard discussion due to a possible conflict of interest.
RC motions to grant applicant's request
to waive the Board's pavement requirement.
HC Seconds and offers an
amendment: that gravel roads only be allowed on the barrier
beach RC Seconds the amendment. Vote on the amendment 3-2 (JC, HC, and RC in
favor, RS, LC opposed) Amendment passes.
Vote on the Motion as amended 2 – 3 (JC, RS & LC opposed, HC, RC in
favor)
Motion fails
KO asks board for
clarification on putting closure on public hearing, i.e. wording of letter to
Town Clerk. She explains that the Board
now has a failed motion to grant the waiver request. She recommends a motion to deny the
applicant’s waiver request would be in order.
Congdon feels that that would be putting another nail in the coffin for
the developer. JC feels that the failed
motion should stand on its own merits as a denial of the modification request. The applicant asks that
the wording of the modification request denial include the fact that the
previously approved subdivision remains intact. The board agrees to do this. KO suggests that the Applicant should watch the
clock for pending expiration of previously approved subdivision.
c.
Cont. Public Hearing – H & M Industries, (M. Wolpert)
30
Drainage calculations and
updated plans have been submitted to the Planning Board along with escrow. Also a detailed letter commenting on the
Definitive subdivision from the Town Engineer, Joe Serwatka. Michael Wolpert addressed all 12 items on the
March 16 letter from the Town Engineer.
1.
Right-of-way width for
2.
Benchmark shown on plan
3.
4.
Wetland lines approved by Concom
5.
6.
Driveway for lot A shown off of
7.
Rim elevations corrected on plan
8.
New plan revised (CB1) to show no disturbance to
wetland, also O/H utilities waiver received from Board.
9.
Storm water management reports submitted 3/18/05
(include. Details of soil as requested)
10.
Hydrant is 360 ft. (+-) from entrance of
subdivision
11.
See Grading
plan on pg 3. showing swale on plan, also fill around structures
12.
Applicant agrees to note
on plan that subject to approval, applicant would agree to a restricted
covenant until bond is posted. Applicant
is also agreeable to a note being located on Lot B restricting any building permits
until the buildings on
KO suggests that the
Board list any conditions to be included in the approval, allow her time to
draft the letter incorporating all conditions, and that the Board formally vote
at the next meeting and sign the letter that night. Wolpert asks the Board for approval that
night, he does not want to wait.
Discussion: LC suggests that board
include all comments discussed tonight by applicant, KO to draft letter.
RC motions approval of plan including
all information discussed and all changes on plan.
HC Seconds
Vote on Motion 4 – 1 (JC,
Motion passes
New Business cont.:
Michael’s Way, set metes and bounds, continued.
HC Motions to approve Michael’s Way subject to D. Levesque approval letter
No
Second – Motion failed
KO suggests that the Board have a special meeting
after the CZM meeting on the 29th of March to take care of this item. Board agrees.
Other Business:
Board discusses their upcoming meeting with the
Selectmen. Members discuss site plan
review, ongoing problems, etc.
KO asks who will be able to make the upcoming CZM
meeting. RS, JC, LC, and DE will be
attending.
Correspondence:
HC motions to approve and sign the
March-9-05 minutes
RC Seconds
Vote on motion 5- 0 unanimously
affirmed
Adjournment
Motion by HC to adjourn, RC seconds
Vote on motion: 5 - 0 unanimously affirmative.
Meeting is adjourned at 9:40 p.m.